USA · 1L · Contracts
Offer, Unconscionability & Damages
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Show all 5 questions and answers in this book
1.Leonard v. PepsiCo (S.D.N.Y. 1999) — held?
The TV advertisement offering a Harrier jet for 7 million Pepsi Points was not an offer, and no reasonable person would have read it as a serious one.
Leonard v. PepsiCo, 88 F. Supp. 2d 116 (S.D.N.Y. 1999)
2.Dickinson v. Dodds (1876) — held?
An offer is revoked when the offeree learns from a reliable source that the offeror has sold the property to someone else (indirect revocation).
Dickinson v. Dodds (1876) 2 Ch D 463
3.Williams v. Walker-Thomas Furniture Co. (D.C. Cir. 1965) — doctrine?
Unconscionability: a court may refuse to enforce a contract with an absence of meaningful choice combined with terms unreasonably favourable to one party (the cross-collateral clause).
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965)
4.Peevyhouse v. Garland Coal & Mining (Okla. 1962) — held?
Where cost of completion ($29,000 to restore land) was grossly disproportionate to the diminution in value ($300), damages were limited to diminution in value.
Peevyhouse v. Garland Coal & Mining Co., 382 P.2d 109 (Okla. 1962)
5.What is the "perfect tender" rule?
Under UCC § 2-601 a buyer may reject goods if they fail in any respect to conform to the contract, subject to the seller's right to cure (§ 2-508) and installment-contract rules (§ 2-612).
UCC §§ 2-601, 2-508, 2-612